Health agency seeking to avoid releasing emails about no-bid contract

AUSTIN –Texas state health officials have decided not to release any more records about a controversial no-bid contract until a criminal investigation has been completed, reversing an earlier pledge to produce the public documents.

Spokeswoman Stephanie Goodman told reporters this week that the Health and Human Services Commission had formally asked the Attorney General’s Office for permission not to release records about the $20 million deal with Austin technology company 21CT and a planned $90 million extension.

The extension was canceled last month by Executive Commissioner Kyle Janek amid questions by the Houston Chronicle and Austin American-Statesman. Two officials involved in awarding the project also resigned and three were put on paid leave as a criminal inquiry began from the Public Integrity Unit at the Travis County District Attorney’s Office.

The records the agency is seeking to withhold were requested by the Chronicle and Statesman, as well as the Texas Tribune and two local lawyers. They include requests submitted before the start of the criminal investigation and even some put in before the extension was canceled.

Among other items, all three news organizations requested emails related to the project sent by the now-resigned officials, former agency top lawyer Jack Stick and former Inspector General Doug Wilson.

The agency had said as recently as last week that it was working on releasing the emails, and a spokesperson even told reporters two weeks ago that the messages contained “interesting” material.

But in a Monday letter, agency lawyer Maureen Franz wrote to the attorney general that the records were exempted from disclosure under Section 552.108 of the Texas Government Code.

The section, which normally is used by law enforcement agencies, exempts notes made during an investigation, records made in preparation for an investigation and all documents that relate to a threat against a peace officer or “would interfere with the detection, investigation, or prosecution of crime.”

Goodman said in an interview that the agency had changed its mind about releasing the records following guidance from the Travis County District Attorney’s Office.

“We initially thought there wouldn’t be a whole lot that we couldn’t give you, but that changed,” Goodman said.